2004 (9) TMI 107 - SC - Central Excise

Balls - Steel balls - Classification of goods - Application of Chapter - Held that - An Item has to be classified in accordance with Chapter Notes. The only reason these balls were earlier classified under old Tariff Item No. 26AA was because there was no such Chapter Note. Once Chapter Note 6 was introduced, the classification must be in accordance therewith - It must also be mentioned that an attempt was made to rely on a Board Circular. We, however, find that the Circular was not relied upon before the Collector nor before the Tribunal. Material not presented before the lower authorities and/or Tribunal cannot be allowed to be relied upon for the first time in this Court. Even presuming that the Circular could be shown to this Court, we find that the Circular merely deals with forged items. The Circular does not deal with such types of balls. Thus, the Circular does not mention Chapter Note 6. The Circular therefore has no application - Decided against assessee.

Summary

Issues: Classification of steel grinding media balls under the Customs Tariff

1. Classification under Tariff Item 72.08 or 73.08:
The issue revolves around the classification of steel grinding media balls under the Customs Tariff. The Respondents argue that the balls should be classified under the residuary Item 73.08 based on Chapter Note 6 to Chapter 84, which specifies the classification criteria for steel balls. The authorities below have already classified the balls under Tariff Item 73.08, and the Supreme Court agrees with this classification. The Court emphasizes that the incorporation of Chapter Note 6 necessitates the classification of these balls under either Chapter 84 or Chapter 73, and since they do not fit under Chapter 84, they must be classified under Chapter 73.

2. Impact of Chapter Notes on Classification:
The Appellants contend that the steel grinding media balls should be classified under Tariff Item 7308 as they are forged items. However, the Supreme Court rejects this argument, stating that the classification of items must be done in accordance with Chapter Notes. The Court highlights that the earlier classification under Tariff Item No. 26AA was due to the absence of Chapter Note 6. With the introduction of Chapter Note 6, the classification must align with its provisions, leading to the classification of the balls under Chapter 73.

3. Validity of Board Circular and New Classification Criteria:
The Appellants attempted to rely on a Board Circular to support their classification argument. However, the Supreme Court notes that the Circular was not presented before the lower authorities or the Tribunal and cannot be introduced for the first time in the Court. Moreover, the Circular pertains to forged items and does not address the specific classification criteria outlined in Chapter Note 6 for steel balls. Therefore, the Court dismisses the relevance of the Circular in this case.

In conclusion, the Supreme Court dismisses the Appeals against the judgment of the Customs, Excise & Gold (Control) Appellate Tribunal and upholds the classification of steel grinding media balls under Tariff Item 73.08 based on Chapter Note 6. The Court emphasizes the importance of adhering to Chapter Notes for classification purposes and rejects arguments based on outdated classification criteria. Additionally, the Court disregards the Board Circular due to its lack of applicability to the specific classification criteria at hand.